Academic Freedom, Copyright, and Access to Scholarly Works: A Comparative Perspective

Abstract

The right to academic freedom protected both under international treaties and national constitutions is at the very heart of social, cultural, and economic development. As far as scientific research and teaching are concerned, copyright has to be considered within the context of a proper balancing of rights. This issue will be addressed taking into account the traditional publication model in light of the peculiarities of scientific research, including the mechanisms of evaluating research and the relevant stakeholders’s interests that differ from those characterizing other sectors of content production. We will analyze whether the current practice in academic content dissemination and legal framework are compliant with academic freedom principles, considering the role of copyright in science. Since effective protection of academic freedom also depends on the possibility of access to knowledge, we will examine whether and how the open access model can achieve a proper balance between the rights at stake, looking at legal instruments recently issued by Italian, German, and US legislatures. Proposal for copyright provisions tailored to specific needs of the scientific field will be considered as well

Copyright Law on Blockchains: Between New Forms of Rights Administration and Digital Rights Management 2.0

“…Both political opportunity and the legal suitability of ''digital exhaustion'' is challenged. 49 In this regard it has been questioned whether exhaustion rules are a better way to grant the effective 44 On the academic publishers' business models, see Moscon (2015). 45 A relevant debated example in this field is Text and Data Mining (TDM).…”

Open Bioinformation in the Life Sciences as a Gatekeeper for Innovation and Development

“…If ORD is crucial for the promotion of innovation and development in technologically advanced countries, it is even more so for the developing world, where openness is now considered a possible way for lifting the traditional barriers between the North 43 Suber (2012). For a complete overview of the OA movement, see Frosio (2014); meanwhile for a specific focus on academic publications, Moscon (2015). 44 https://creativecommons.org/.…”

“…16 This is confirmed by the creation of networks of international research consortia that adopt collaborative policies and open access rules. The latter were codified in some soft law instruments, such as the Bermuda Principles (1996), 17 The next section aims at providing a coherent legal framework for such concepts.…”

University Knowledge Transfer: From Fundamental Rights to Open Access Within International Law

“…See Moscon (2015), Reichman and Okediji (2012), Hilty (2006). 63 Leydesdorff (2008) Winickoff (2013).…”

“…This also emerged from a study by the Commission of the European Communities, Brussels, January 14 2002, in which the potential conflicts between "publishing" and "patenting" strategies were considered. On the relationship between the commercial exploitation right and the right to publish in the light of academic freedom, see Moscon (2015). At an international level, the academic freedom as a fundamental right as well as its legal protection is closely connected with freedom of thought, expression, and information 118 ; the right to education, 119 to participate in cultural life, 120 to enjoy the benefits of scientific progress and its application.…”